Applications to the Court of Protection
50.—(1) No permission is required for an application to the court for the exercise of any of its powers under this Act-
- (a) by a person who lacks, or is alleged to lack, capacity,
- (b) if such a person has not reached 18, by anyone with parental responsibility for him,
- (c) by the donor or a donee of a lasting power of attorney to which the application relates,
- (d) by a deputy appointed by the court for a person to whom the application relates, or
- (e) by a person named in an existing order of the court, if the application relates to the order.
[(1A) Nor is permission required for an application to the court under section 21A by the relevant person’s representative.]
(2) But, subject to Court of Protection Rules and to paragraph 20(2) of Schedule 3 (declarations relating to private international law), permission is required for any other application to the court.
(3) In deciding whether to grant permission the court must, in particular, have regard to-
- (a) the applicant's connection with the person to whom the application relates,
- (b) the reasons for the application,
- (c) the benefit to the person to whom the application relates of a proposed order or directions, and
- (d) whether the benefit can be achieved in any other way.
(4) "Parental responsibility" has the same meaning as in the Children Act 1989 (c. 41).
- ↑ Mental Health Act 2007 s50; Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 wef 1/4/09
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.